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(영문) 서울서부지방법원 2015.07.09 2015노610
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (ten months of imprisonment) shall be too heavy.

2. The fact that the defendant led to the confession and reflect of the crime is an element of sentencing favorable to the defendant.

However, the fraud amount is up to 50 million won, the defendant has been sentenced to a suspended sentence of imprisonment twice for the same crime, the crime of this case is committed while the defendant was under trial for the crime of perjury, and the fact that the defendant did not agree with the victim is an element of sentencing disadvantageous to the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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